I'm commencing work on a new project over 2024-2026: a book examining constitutional protection of children's rights around the world. I'd be delighted to chat to people about it and hear about constitutional provisions, court decisions, and literature in your country!
Closing thoughts for tonight: a society does not collectively decide to banish its daughters and grandchildren to incarceration, mistreatment, exile and even death unless powerful forces (in this case, the Church and the State) urge and facilitate such action.
#motherandbabyhomes
I love travelling by train. But the ongoing absence of catering on
@IrishRail
services, while the only café at the station in our second largest city remains closed, really isn't good enough. (Please spare me the stock tweet saying you are working on it - no progress is evident.)
As energy prices skyrocket, my solar pv panels (installed in Dec) look like the best money I ever spent. In August, they produced 493 kwh (I made a profit of €30 selling back to the grid). But here's the best bit: it's not just because of the heatwave. In March and April ... (1)
Academia can be a funny game. Two emails yesterday, 5 mins apart - one rejecting an article submitted to a journal, the other approving my promotion to Professor.
Over the moon to reach this milestone. Hugely grateful to all those who helped me on my way.
I've been teaching about Art 41 of the Constitution for almost 20 years. My students always overwhelmingly thought that the current language on family and women needs to change. Quite how the Govt managed to hold two referendums on this that were both comfortably defeated ...
I live 13 km outside the city. I used to drive to work every day.
This January, I took the car to work 3 times. Cycled or got the bus every other day. And it feels great.
The less I drive, the less I want to drive.
Seeing stuff about pretty dubious masking policies at other universities. Let me be very clear: in my lectures, students will wear masks unless they produce specific medical documentation exempting them. Students who do not wear masks (properly or at all) may not attend. End of.
The real story is not the nursing home charges litigation - it's that the State pursues the same strategy in lots of areas. People are denied legal entitlements until they litigate. When they do litigate, the cases are defended; and then cases are settled late in the day ...
First world problems, I know - but what's the story with people on the train listening to media on their phone/tablet loudspeaker with the volume up loud instead of using headphones? It's becoming normalised, where once it would have been considered inconsiderate.
#grumpyoldman
I normally don't respond to online abuse; it generally doesn't help anything to get involved in such exchanges. But I must respond to repeated accusations that my comments yesterday on school re-opening were co-ordinated with Govt to provide cover for its decisions. (1/4)
Huge gratitude to everyone at
@CUH_Cork
, especially in the ED, paedeatrics and plastics. I took my 6-year-old in last night minus a fingertip, and brought him home this evening with all 10 in their rightful place. Superheroes.
@HSELive
A shout out to all the teachers who've had the toughest term of their lives. Keeping schools open is just so, so important, and you deserve more support to be able to teach our children in a safe environment. Thank you.
From a human rights law perspective: once the State knew that the rights of women and children were being violated or at risk of being violated, and failed to take reasonable steps to stop or prevent such violations, State responsibility is engaged.
So over a period of 8 months, the panels have left me making money on electricity instead of paying for it. And they've eliminated the entire carbon footprint of my domestic electricity usage, plus a substantial extra offset.
And I'm not lining Putin's pockets.
Win win win.
Chapter 2 of my 2021 Annual Report as Special Rapporteur on Child Protection (due for publication in January) documents the harm caused to children by school closures and lockdowns. This is multi-faceted, and has been documented in Ireland and internationally. (1/11)
Here's the story of how the State has spent €1.5 million on legal fees trying to avoid paying €28m in compensation to victims of child sexual abuse in schools, even though (a) it is required by human rights law to pay; and (b) it gave religious orders a €1.4 billion indemnity.
Just one comment on the leaked Attorney General opinion: it predicts lots of litigation by highly vulnerable members of society. The lack of understanding of the financial and human costs that must be overcome to mount and sustain a lengthy constitutional actiom is striking.
Seeing a lot of commentary, and quite a bit of confusion, about the President singing the Mother and Baby Homes Bill into law. Here's a quick explainer thread designed to clear up a few points about what did (and didn't) happen:
My 3-year term as Special Rapporteur on Child Protection ended today with the submission of my 2022 Annual Report to Government.
I will not be seeking a second term. Statement below.
For me, the most concerning thing about the story about the dossiers compiled on children with autism is that the Depts of Health and Education have firmly stood over their actions. Even if they were lawful (which is a big "if"), that doesn't make them right. (1/4)
Another furore about something the President said. Disagree with him all you like; but unless his statements directly contradict Govt policy, leave the Constitution out of it. The Constitution does not require the President to be mute.
Don O'Leary of
@CorkLifeCentre
is a genuine hero to young people in Cork, and a most deserving recipient of an honorary doctorate from
@UCC
this afternoon. Him and his team make children's rights a reality for so many that might otherwise be left behind.
Thanks for all the good wishes on my appointment by the Governnent as Special Rapporteur on Child Protection. Looking forward to the challenges ahead. I would like to echo the tributes being paid to my predecessor Dr Geoffrey Shannon for his excellent work over many years.
Israel killed 1000, and no one made them stop.
So they killed 10,000. No one made them stop.
So they killed 30,000.
As starvation sets in and the bombs keep falling, there is no reason to believe this figure won't reach 100,000.
Will anyone make them stop then? And why not now?
People have strong views on whether schools should re-open, and how they can do so safely. Everyone is entitled to air these views. My views are based on detailed research and evidence, and concern about short closures becoming lengthy ones like last year. No hidden agenda. (4/4)
Ah yes, anyone who's ever taken my constitutional law class will remember the lecture where I told them about how rent restrictions are unconstitutional unless there's a 5 km travel limit in force. De Valera, Hearne and Archbishop McQuaid were very insistent on this point. 🙄
Yes, this is a bit mad. Problem the Govt faced is that its legal advice says a rent freeze/evictions ban is unconstitutional if premised on economic grounds; it has to be justified on health grounds, which needs some other impartial ‘trigger’ - 5km is what the Govt came up with
My 18 month-old daughter spent a week in hospital just before Christmas (fine now). Her 4 year-old brother made her a card in pre-school and it got left behind in the ward. It showed up today unprompted in the post. Well played CUH staff ☺👏👏
*Very* close call just now: SUV pulled into cycle lane inches away from me to drop off kids at school. I was wearing hi-vis and had lights. Driver rolled down window and said "Sorry - I never even saw you."
THIS is why we need protected cycle lanes.
... will take some explaining to my classes in future years. The choice of wording for the proposed amendments is clearly the main cause, but not the only one. We need to seriously reflect on this process and do better in future.
Would anyone like to (virtually) sit in on one of my classes? I've just recorded a session on the constitutional protection of
#childrights
as part of the LLM in Children's Rights and Family Law
@LawUCC
(1 hour 10 mins, 225 MB).
Congratulations to
@rodericogorman
on your appointment as Minister for Children, Disability, Equality and Integration. There'll be some reading on your desk on Monday morning; I will be submitting my first report as Special Rapporteur on Child Protection.
#SixNations
fun fact: England take the reverse Triple Crown (by losing to Scotland, Wales and Ireland) for the first time since 1976, and just the third time ever (1907 bring the other year).
#TheGame
on RTE1 has been fantastic - a must for every
#hurling
or sports fan, as well as students of Irish history. But couldn't help chuckling at this moment ... best enjoyed with sound!
Spent a large part of today doing TV & radio interviews. The amount of time that goes into a few mins: briefing calls, prep time, the come-down afterwards. It just sucks up headspace and mental energy. Have retreated to the couch with the kids to watch School of Rock & eat pizza!
Now that COVID case numbers appear to be dipping steadily below 1000 per day, and are projected to be between 200-400 per day by the end of February, we really need a clear plan for re-opening of schools soon. They operated safely in October when the numbers were much higher.
#ConstitutionSaysNo
: a tale in many parts.
I'm collecting examples of Irish Govts saying they can't do something because it's unconstitutional and that a referendum would be needed, only to later conclude it's actually fine to just legislate.
First up: specialist family courts.
When I started as Special Rapporteur on Child Protection, I got a lot of questions about what were the most important issues. My standard response was: "All of them".
3 years later, these issues stand out for me:
- Homelessness
- CAMHS
- Special education/disability provision
We have just (rightly) launched interstate proceedings in the European Ct of Hum Rts against the UK Govt over far less. If Ireland is really committed to protecting human rights around the world, we need to show it on this most pressing human rights catastrophe. Join the case.
The Tánaiste has defended the Govt's position on South Africa's case against Israel at the International Court of Justice. South Africa has accused Israel of committing genocide in Gaza and the Govt is being criticised for not supporting the case |
I don't expect the Govt to get everything right all the time on COVID - it's an enormous challenge. But we should all be entitled to expect that they will at least be honest with us. Don't take the Trumpian route. Admit mistakes were made in Dec. Drop the spin and build trust.
My Dad made the windows for this house - a feat of both woodwork and trigonometry. He still opens his workshop every day, a few months short of turning 80. The jobs are smaller, but the craftsmanship is undimmed.
Without making any comment on who is at fault for what - I would implore both Govt and unions to go the extra mile to secure the re-opening of special education. Where there's a will, there's a way; and the children need you to find it. Ní neart go cur le chéile.
There's a lot to say about today's Supreme Court judgment in the O'Meara case on entitlement to Survivor's Pension in unmarried couples. Others will say lots in time, I'm sure. Here are just a few brief thoughts on the judgment and its connection to the forthcoming referendums 🧵
This is half-assed. It's well documented that a negative test a few days ago doesn't mean you're not positive today. Quarantine needs to apply to all passengers arriving. With all the restrictions that have been imposed, I just can't fathom the Govt's unwillingness to do this.
I find it tiresome that every minor controversy about something the President did or said is portrayed as some sort of constitutional issue. That's very rarely the case in reality. Disagree with the president's stance if you will; but please leave the Constitution out of it.
Happy to confirm that the constitutional issue claimed by the bodies quoted in this piece is not a real constitutional issue.
> Private schools say exclusion from State grants is ‘discriminatory’ (via
@IrishTimes
)
Shoulder to the jaw of an opponent who didn't dip. No other mitigating factors. In rugby, this would be a red card under the high tackle framework.
In Gaelic football, according to the referee and the commentators today, it's not even a foul.
#DUBvMAYO
This is indicative of a rotten culture. The institutions of the State must stop treating children with disabilities, survivors of historical injustice and others with legitimate claims as enemies. They are rights holders. The State exists to serve them.
@DrClaraOByrne
Yes, agreed. Currently, even with grants, it's only feasible if you have savings or disposable income. I'd like to see the State underwrite an interest-free loan scheme. Given that the panels effectively pay for themselves over a 7 year period, it should be possible to design.
I welcome the fact that we are not facing into a third major school closure of the pandemic. The priority now must be making this safe and sustainable through the best possible mitigations. Today's anouncement was lacking in detail on the latter. The Govt needs to deliver. 1/3
The energy of a university campus on the first day of a new academic year ... haven't been so nervous before teaching since I was a new lecturer, but the students were brilliant; the technology worked; and everyone cheerfully respected the public health guidance. Good to be back!
I don't know which is more problematic here: the letter or the reply. Children have a right to play (don't take my word for it - check international law), and shouldn't have to leave where they live to exercise it.
Having watched
#rteinvestigates
just now, I am struck once more by the shattering impact that illegal birth registration has had on the lives of those affected. We owe them everything that can realistically be done without further delay. (1)
Quick reminder that the Govt still has not implemented the Louise O"Keeffe judgment on
#Redress
for survivors of abuse in National Schools - 6 years after the ECtHR ruling, and 8 months after the Independent Assessor confirmed its non-compliance. Shameful.
More generally, my role as Special Rapporteur on Child Protection is strictly independent. It's built into the role. I have been sharply critical of the Govt (and the Dept of Education in particular) on many occasions. My sole aim is securing the best outcomes for children. (3/4)
I'm sure people are sick of me tweeting about redress for survivors of sexual abuse in schools. I'm sick of tweeting about it. But nowhere near as sick of it as the survivors who continue to be denied their legal entitlement.
Everyone is free to promote or oppose the family and care referendums. But when campaigners make legal expertise a key part of their campaign branding, it's worth checking whether they have any expertise or pedigree in the areas of constitutional or family law.
As a lawyer who worked every summer through secondary school and college in my father's woodwork business (and was completely useless at it), I endorse this message. Talent comes in many forms, and the social status attached to some jobs is entirely unjustified.
Ranking schools based on how many students went on to third level is a warped view of education.
The best schools in Ireland are those which unlock & nurture the potential of their students.
A carpenter in Cabra is no less than a barrister in Blackrock. Stop stigmatising trades
It is depressing and concerning that Casey's unpleasant and irresponsible rhetoric could take him from 2% to 21% in just two weeks. Others will no doubt see this as a template, to the detriment of our public discourse and our democracy.
#Aras18
BREAKING: Michael D Higgins has won a second term as president with 56% of the vote, the
@irishtimes
/ Ipsos MRBI exit poll suggests. Peter Casey comes second with 21%
In my work as Special Rapporteur on Child Protection, I author numerous reports and submissions for the Govt and the Oireachtas. My role is independent. I am sometimes invited to appear before a Committee to discuss further my findings/recommendations. I am always happy to do so.
The joys of countryside living: my wife has made a labyrinth in our garden. It's a medatitive process - walking through the complex pattern to the centre takes longer than you would think, and stills the mind. (And it looks cool.)
... The effect is that people who can face the coat and stress of years of litigation get their legal dues; while those who can't, don't. The State justifies this as "cost-containment", which seems to trump the basic goal of vindicating legal rights.
Serving soldier who beat woman unconscious and boasted about it on social media gets suspended sentence
--> I'm normally slow to jump on the "harsher sentences" bandwagon, but this seems extraordinarily lenient and a good candidate for appeal by the DPP.
@NewstalkFM
Seriously? I've often been a guest on Newstalk Breakfast over the years; but the shift in recent years to this sort of inaccurate, tabloid rubbish is why I won't be coming back on anytime soon. Do better.
@BrandonTozzo
Ireland: never once had to wait. Voting takes 2 minutes. You collect your ballot without queueing; fill it out; and place it in the box. Done.
We look at the US in bewilderment.
As with last year's report on the conduct of State litigation, there seems to be a sense that the hordes are at the gates of the Four Courts, chomping at the bit. The reality is that the people who most need to do so are very rarely in a position to run that gauntlet.
I see people advocating for schools to remain closed in January. I can't help thinking that those people's position is informed by a view that children in their families/communities will be fine. Maybe they will - but a lot of other children won't be. (9/11)
Getting tired of presidential candidates being asked whether they would sign new abortion legislation into law. THE PRESIDENT DOESN'T HAVE A VETO.
The President has two choices: sign, or refer to Sup Ct. A President who flatly refused to sign ANY law should be impeached.
#Aras18
I am dismayed at the absence of a contingency plan for in-school education for children with special needs. The courts have stressed that the Constitution requires that education should vary in accordance with the needs and abilities of children. This applies now more than ever.
... to avoid setting an adverse precedent that others could rely on. This happens all the time in special educational needs cases. It's happening right now in cases concerning people excluded from a redress scheme for sexual abuse in schools ...
Watching the huge impact of the public support and advocacy on
#RepealtheSeal
, I can't help thinking about how much that support is needed for another group - survivors of sexual abuse in schools, denied their legal entitlement to redress for 7 years since Louise O'Keeffe's case.
The striking thing about Lady Hale's summary of the
#SupremeCourt
judgment in the
#Miller2
and
#Cherrycase
#ProrogationCase
was the clarity and accessibility of the language. More of this please, from all lawyers. Legal principles should not be obscured by unclear language.
Celebrating with
@LawUCC
colleagues at the
@UCC
Staff recognition awards tonight. My colleague and friend Maria Cahill won a Teaching Excellence Award for Advanced Legal Reasoning. I won Research Communicator of the Year for my media and policy work.
Again, this is an argument for the best possible mitigations, and not for the status quo. My point is that school closures are not a simple trade-off between education and health. The negative impacts are wider and deeper than missing a few weeks of classes. (10/11)
In summary: signing the law was not unexpected and the President had little choice. The Bill is unlikely to be unconstitutional. It may raise separate issues of compliance with EU law which may arise in the courts; but this does not mean the Bill should not have been signed. /END
First of all, it's simply untrue. I have had no contact with Govt at all about this issue - which is precisely why I used my platform to air my views on the issue. My Annual Report was submitted last June and the Govt has still not published it; hence my intervention here. (2/4)
Here we go again. I've looked at this, and I'm confident that it would be possible to devise a form of mandatory hotel quarantine that would withstand constitutional challenge. I suspect I'm not alone. But as always, the Govt tells us that "Constitution says No" (but not why).
My Annual Report as Special Rapporteur on Child Protection has been published by the Government, and can be downloaded at the following link. Executive Summary in images below.
...they were producing almost as much electricity (418 kwh and 442 kwh) as they did during the August heatwave (493 kwh).
For the 8 months of 2022 to date, I've drawn 618 kwh from the grid, and sent 1.3 Mwh back (more than double). You get a credit at half the purchase rate. (2)
Between now and September, I will have the task of exploring how illegal adoptions might be investigated and making proposals to Govt. Watch this space for updates.
Up to 20,000 adoption files could relate to irregular birth registrations – report
It's now over a month since I set foot on campus
@UCC
. Starting to get the hang of this - the first two weeks were harder than the second two. Anxiety levels reducing, and putting less pressure on myself. Hugely grateful to be healthy, in secure employment and to have a garden.
@Tupp_Ed
The Irish funeral is a work of art. A finely-balanced mix of moments of intense mourning, followed immediately by dusting yourself down and putting a brave face on to face the world.
Two brief updates on my work as Special Rapporteur on Child Protection:
- Annual Report for 2021 was submitted to Govt on 30 June.
- Report on Illegal Adoptions was submitted to Govt on 30 September.
No timeline has yet been provided to me for the publication of either report.
Imagine the irony if the first time that a judge got impeached by the Oireachtas was for attending an event organised by the *Oireachtas* golf society.
#golfgate
I can't believe I'm still being interviewed about this - still less on on my holidays, on a road leading to a beach, with a DIY haircut. Bizarre on many levels.
Campaigner calls on Govt to honour redress commitment via
@rte
So this one's been a *long* time in the making: "Constitutional Protection of Children's Rights: Visibility, Agency and Justiciability" - just published in (2019) 19(3) Human Rights Law Review.
Delighted to be awarded an IRC New Foundations grant to fund research undertaken by
@childlawucc
in collaboration with
@ChildRightsIRL
on child participation in family law court proceedings in Ireland following the enactment of Art 42A of the Irish Constitution. Watch this space!
The IRC is delighted to announce funding for 56 collaborative projects under the New Foundations programme that will reach communities across the country and beyond, focusing on diverse societal challenges and Government policy issues.
#LoveIrishResearch
This doesn't just breach the new mandatory reporting rules under the Children First Act - it is also a criminal offence under the lesser-known Criminal Justice (Withholding of Information) Act 2012
Sunday Times News
The Catholic bishops’ child-protection body is advising priests not to inform state authorities about incidents of child abuse they hear about in the confession box.
Story by Justine McCarthy
Omitting international surrogacy from the AHR Bill would be short-sighted and contrary to children's rights. It would be putting our heads in the sand. My Dec 2020 report made recommemdations for how legal safeguards could be provided for all parties.
I normally spend Easter in Dingle. Have done for years. Always look forward to it, especially when the weather is good. But this year it's more important to
#StayAtHome
- so that's what I'll be doing.
The evidence consistently shows that the impact of school closures was not evenly spread; it fell disproportionately on the most marginalised and disadvantaged children. (8/11)
Being a tenured academic is one of the most privileged jobs you can have - you have a real opportunity to contribute to making the world a better place.
Imagine using that privilege to try to excuse or explain away deliberate mass starvation.
Breaking News. A new study by Israeli academics finds that Israel has not only been allowing sufficient food to enter Gaza, but that the amount of calories is 50% more than what the Gazan's need 1/4